§ 1313. — Examination of application and issue or refusal of registration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1313]
TITLE 17--COPYRIGHTS
CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
Sec. 1313. Examination of application and issue or refusal of
registration
(a) Determination of Registrability of Design; Registration.--Upon
the filing of an application for registration in proper form under
section 1310, and upon payment of the fee prescribed under section 1316,
the Administrator shall determine whether or not the application relates
to a design which on its face appears to be subject to protection under
this chapter, and, if so, the Register shall register the design.
Registration under this subsection shall be announced by publication.
The date of registration shall be the date of publication.
(b) Refusal To Register; Reconsideration.--If, in the judgment of
the Administrator, the application for registration relates to a design
which on its face is not subject to protection under this chapter, the
Administrator shall send to the applicant a notice of refusal to
register and the grounds for the refusal. Within 3 months after the date
on which the notice of refusal is sent, the applicant may, by written
request, seek reconsideration of the application. After consideration of
such a request, the Administrator shall either register the design or
send to the applicant a notice of final refusal to register.
(c) Application To Cancel Registration.--Any person who believes he
or she is or will be damaged by a registration under this chapter may,
upon payment of the prescribed fee, apply to the Administrator at any
time to cancel the registration on the ground that the design is not
subject to protection under this chapter, stating the reasons for the
request. Upon receipt of an application for cancellation, the
Administrator shall send to the owner of the design, as shown in the
records of the Office of the Administrator, a notice of the application,
and the owner shall have a period of 3 months after the date on which
such notice is mailed in which to present arguments to the Administrator
for support of the validity of the registration. The Administrator shall
also have the authority to establish, by regulation, conditions under
which the opposing parties may appear and be heard in support of their
arguments. If, after the periods provided for the presentation of
arguments have expired, the Administrator determines that the applicant
for cancellation has established that the design is not subject to
protection under this chapter, the Administrator shall order the
registration stricken from the record. Cancellation under this
subsection shall be announced by publication, and notice of the
Administrator's final determination with respect to any application for
cancellation shall be sent to the applicant and to the owner of record.
Costs of the cancellation procedure under this subsection shall be borne
by the nonprevailing party or parties, and the Administrator shall have
the authority to assess and collect such costs.
(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.
2911; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V,
Sec. 5005(a)(4)], Nov. 29, 1999, 113 Stat. 1536, 1501A-594.)
Amendments
1999--Subsec. (c). Pub. L. 106-113 inserted at end ``Costs of the
cancellation procedure under this subsection shall be borne by the
nonprevailing party or parties, and the Administrator shall have the
authority to assess and collect such costs.''
Section Referred to in Other Sections
This section is referred to in sections 1304, 1321 of this title.
